Decision 2454M – Orange County Water District
Decision Date: September 23, 2015
Decision Type: PERB Decision
Description: The complaint alleged that the District violated the MMBA by refusing to participate in an agency shop election.
Disposition: *JUDICIAL APPEAL PENDING. The ALJ concluded that the District had engaged in the unfair practice as alleged. The Board affirmed, holding that a modified agency shop arrangement that applied only to future hires, not current employees, fell within the definition of agency shop; and that the District’s refusal to participate in a properly petitioned-for agency shop election was unlawful.
Perc Vol: 40
Perc Index: 60
803.04000 – Employer Liability
Employer’s refusal to participate in an agency shop election where the type of organizational security arrangement sought by the exclusive representative was a “modified agency shop” that applied to future hires but not current employees was a violation of the MMBA; the modified agency shop petitioned for by the exclusive representative fell within the definition of agency shop and the employer was not entitled to withhold its consent to the election.